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(영문) 춘천지방법원 원주지원 2021.01.13 2020고정254
저작권법위반
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. Defendant A is the representative of Defendant B Co., Ltd. in the original city, and Defendant B is a corporation established for the purpose of design service business, etc.

A. From the day when the date is unknown to November 5, 2019, the Defendant infringed on the author’s property right of the program by illegally reproducing the program’s work on the computers installed at the above corporation B’s office from the day when the date is unknown to November 5, 2019, and using the program’s copyrighted work without program purchase or license agreement; G 1, H 1, I 5, J2, K2, K2, L1, N4,O 2, and 3 P 10-type 23 programs owned by M in the course of business.

B. Defendant B, at the time and place indicated in the above paragraph (a), Defendant A, the representative director of the Defendant, infringed upon the author’s property right as above in relation to the Defendant’s business.

2. Determination

(a) Applicable legal provisions: Article 136(1)1 (Defendant A) and Article 141 (Defendant Company) of the Copyright Act;

(b) Offenses subject to prosecution upon complaint: The main sentence of Article 140 of the Copyright Act.

C. On January 6, 2021, after the prosecution of this case, a letter of revocation of complaint against the Defendants was submitted.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 5 of the Criminal Procedure Act;

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